Cablegate: 2008 Report On Investment Disputes and Expropriation
DE RUEHPF #0496 1690320
ZNR UUUUU ZZH
P 170320Z JUN 08
FM AMEMBASSY PHNOM PENH
TO SECSTATE WASHDC PRIORITY 9651
UNCLAS PHNOM PENH 000496
STATE FOR EAP
STATE PLEASE PASS TO USTR FOR BISBEE
E.O. 12958: N/A
TAGS: EINV KIDE CAJC PGOV CB
SUBJECT: 2008 Report on Investment Disputes and Expropriation
Claims for Cambodia
REF: STATE 43784
1. SUMMARY: The Cambodian Constitution and laws protect against
expropriation, except confiscation in the public interest. When
property is seized in the public interest, just compensation is
required. Post is not aware of property being taken from U.S.
persons by the Cambodian government through June 1, 2008. However,
Post is aware of several incidents reported in the media of the
government expropriating property from Cambodian nationals without
just compensation. End Summary.
No Investment Disputes or Expropriation Claims Reported
2. Article 44 of the Cambodian Constitution says "the (state's)
right to confiscate properties from any person shall be exercised
only in the public interest as provided for under the law and shall
require fair and just compensation in advance." The Law on
Investment also provides that "the Royal Government of Cambodia
shall not undertake a nationalization policy which adversely affects
the private property of investors."
3. Cambodian laws are not uniformly applied and enforcement is
often biased towards individuals with connections to the government.
However, Post is not aware of any investment disputes or
expropriation claims involving U.S. persons and the Cambodian
government through June 1, 2008.
4. Post is aware of many cases reported in the media wherein the
Cambodian government granted land concessions under opaque
circumstances to private companies. This type of concession on
property of contested ownership is increasingly common and has
resulted in disputes throughout the country, which Post tracks for
its human rights and rule-of-law reporting.